Last Friday (4th), the justices of the Federal Supreme Court (STF) debated the legitimacy of income tax collection on pensions. Then, unanimously by the ministers, the decision was that this practice is unconstitutional and should not continue. Therefore, there has already been talk about the possible income tax return to their rightful owners. The estimate is that the amount returned could reach R$ 6.5 billion that will come out of the public coffers back to the citizens.
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How was the debate carried out?
In 2015, the issue of income tax on child support was discussed for the first time. At the time, the Brazilian Institute of Family Law questioned what they pointed out as double taxation on child support. Thus, it was said by these scholars in the area of law that there is a possibility that the citizen interprets the law in an integral way. With that, he will pay not according to what he receives, but according to the total he has.
However, there are counterarguments, such as the point defended by the Advocacy General of the Union (AGU). On the other hand, it is alleged that the amount corresponding to the alimony is not subject to double taxation, and it is correct for the citizen to include this amount in the payment.
With an eye on public coffers
It is noted that AGU's major concern is about the collection of amounts made annually by taxpayers. This is because, with this new understanding, there would be a reduction of up to R$ 1.05 billion per year in the amount paid in income tax.
Furthermore, the return value of the last five years, as has been pointed out, would remove more than R$ 6.5 billion from public coffers. That is, a very large loss that would probably be exhausting for the government. However, with the favorable endorsement of the STF, the trend is that there will still be a refund of the Income Tax for these taxpayers.